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NGT Orders Noise Restrictions for Ganeshotsav 2024 in Pune
The NGT, Pune which has earlier issued guidelines about noise pollution has passed a number of directions regarding effective control measures regarding noise during Ganeshotsav. It is clear form the [Dr Kalyani Mandke v. The State of Maharashtra and Ors]
A coram of judicial member Justice Dinesh Kumar Singh and technical member Dr Vijay Kulkarni passed the directions upon finding that Maharashtra has not complied BHCs directions on noise pollution control till date.
The honourable Justice Dinesh Kumar Singh, Dr. Vijay Kulkarni
Justice Dinesh Kumar Singh,Dr Vijay Kulkarni
The Tribunal was hearing an application filed by Dr Kalyani Mandke, an audiologist seeking directions to go by the CPA Board compensation structure, the restrictions on the grant of loud speaker permits, cancellation of permit to violators of the Noise Pollution Regulation and Control Rules 2000.
The application also sought the revocation of provisional licenses in the case of pandals violating the noise norms and also requested the MPCB for data of noise levels recorded in the fests of 2021 to 2023.
The application said that decibel limits were ignored and violated through private loudspeaker systems over the festival in Pune, bearing deaf silence to noise regulation norms.
It further added a research paper by the College of Engineering, Pune (COEP) which measured an average sound level of 105. +8 decibels on the last day, at the 2023 festival, surpassing allowable concentrations in the entirety of the city.
Moreover, the application pointed out that after the Bombay High Court judgment in Dr. Mahesh Vijay Bedekar v. State of Maharashtra in 2016, grant of permission for such loudspeakers are being processed unabated and in turn causing distress to public.
As such, it highlighted on the need to adhere to the precautionary principle and appealed for formulation of protocol to address noise pollution.
The Tribunal further observed that by explaining procedure which has to be followed by the applicant has only shown the procedure of MPCB which is meant to be followed when the Noise Pollution Rules are violated.
“Even specifics have not been provided therein as to how many cases have been reported at their end and how many of them were taken forward. Absent these figures such statistical elaborations are not possible; there lies no evidence of concrete steps having been taken by respondent No.3-MPCB to timely implement/comply the Noise Rules, 2000,” it further observed.
For this reason, the Tribunal found that the reply given by MPCB was not satisfactory.
Noting the applicant’s submission that none of the directions issued by Bombay High Court in Dr. Mahesh Vijay Bedekar v. State of Maharashtra had been fully complied with till date, the Tribunal issued the following separate directions on a case-specific basis:Noting the applicant’s submission that none of the directions issued by Bombay High Court in Dr. Mahesh Vijay Bedekar v. State of Maharashtra had been fully complied with till date, the Tribunal issued the following separate directions on a case-specific basis:
The MPCB has to monitor noises in real-time at least three places around each Ganapati Pandal. The numerical as well as the graphical representation of noise levels of the previous day have to be made effectively noticeable with the other relevant noise standards and the name of the Ganesh Mandal at two conspicuous places in each pandal. The display should include a warning: Title of the Message stands as “Noise Levels Above Limits Are Injurious to Health.” Here MPCB will have to spend for monitoring as well as display.
Thus, during the Visarjan processions MPCB owing to the likelihood of disposal of ‘Samaghis’ and consequent likely generation of noise shall monitor the noise level at some of the major traffic junctions in close coordination with the Police Department. Digital displays will show real-time noise levels along with applicable limits and a warning: Krymchak: “Noise Levels Above Limits Are Injurious to Health Te” MPCB will bear the costs of monitoring and display investments.
The Police, with the help of MPCB, will decide on the total allowable loudspeaker power (for instance, not more than 100W) per Ganesh Mandal depending on the proximity to schools, hospital and residential area. When mandals apply for permission they need to disclose the number and carrying capacity of the speakers within the permissible limit. The Police and MPCB may ease restriction on the capacity limit with respect to the area of the Pandal and the capacity it holds.
Police department will also make sure that in case of participating troupes the total strength of Dhol+Tasha+Zanj members in the Visarjan procession shall not be more than 30 in numbers. If there is violation then Police will confiscate loud speaker/sound system/Dhol/Tasha/Zanj units.
Police Department will remind that use of Toll (metallic high noise making unit) & DJ in Visarjan procession is not allowed. Otherwise, police will in accordance with law take actions against the defaulters.
When Noise Rules is violated then Police will initiate the criminal law.
MPCB should ensure that the names of the violators of Noise Rules, 2000 are published in two local newspapers within seven days of Visarjan day and also put up the details of such cases on its website so that such information is made available for use by the public for 90 days.
These directions as well as the health impacts of high noise level should be published in newspapers, on banners, and posters in a bid to avoid reactions of people saying that they were never informed and thus did not respect the notice before the Ganesh festival in Pune.
